Is an unlawful arrest not an arbitrary arrest?
Ontario, Canada
The following excerpt is from R. v. B.(S.), 2010 ONCJ 416 (CanLII):
[15] Not every unlawful arrest is an arbitrary arrest. In circumstances where the person making the arrest has an honest, though mistaken, belief that reasonable grounds exist for arrest and there is some rational basis for such belief, the arrest cannot be said to be arbitrary though it may be unlawful: R v. Duguay, 18 D.L.R (4th) (C.A.) at para. 25 affirmed 56 D.L.R (4th) (S.C.C.).
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